Via Turnitin, Essay Example | Topics and Well Written Essays - 1000 words

Via Turnitin, - Essay Example Barrister A barrister is a member of the legal profession that has been ‘called to the Bar’ ergo the name. They argue their cases before the court and also serve as legal counsel or advisers to their clients with the help of their solicitors. Up until 1990, barristers have the exclusive right to argue their cases in court, but now, this law has been revoked and solicitors, in some cases, are allowed to perform this role as well. To be eligible for the title of barrister-at-law, students must pass the qualifications and standards set by the Council of Legal Education and is only restricted to the Inns of Court. By paying a fee, students are summoned to the Bar. For a year, they have to become apprentices in the chambers of practising barrister. Before presenting a case in court, barristers are usually aided and instructed by solicitors regarding their cases. Since 1989, and from the beginning of 1990, many changes to the legal proceedings have been introduces to cut back on litigation costs—one of which is that barristers could present their cases in court without their instructing solicitors in some cases. The law also states that barristers could not be sued by their clients for negligence in presenting their case in court and likewise, cannot sue their client for unpaid fees (â€Å"barrister†). ... Solicitors also â€Å"have a monopoly of certain legal business and are subject to court regulation.† The qualifications, trainings, and standards to become a solicitor is set by the Law Society which includes, but is not limited to an apprenticeship under a practicing solicitor for at least several years and must be a graduate of law school (â€Å"solicitor†). Gray Areas Despite the very distinct roles and functions that was originally intended to be performed by a solicitor and a barrister, changes in the judicature brought about by the changing demands of time have created some gray areas between the functions and roles of the two legal professions wherein they tend to meet in some areas. For instance, originally there is a clear cut distinction that solicitors are to handle legal matters outside the court while barristers would be in charge of arguing cases before the court. The roles are also very separate: the solicitor is the one who gives legal advises to the cl ient and prepares the case for court. After all the legal preparations are handled by the solicitor, the barrister then takes over and brings the case before a judge. Through this process, it is only the solicitor who gets to transact directly with the client. â€Å"It is the solicitor who refers cases to a barrister if there is a need for the case to go to court.† In a nutshell, it is under the prudence of the solicitor if the client would require the services of a barrister (â€Å"Difference between Barrister and Solicitor†). If and when a barrister is brought in the case, the client does not transact with him/ her directly. Rather, the client transacts with the